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(AllHipHop News) Kanye West’s elaborate wedding proposal to Kim Kardashian last year was a huge spectacle with several celebrities in attendance including YouTube co-founder Chad Hurley.

While Kanye and Kim’s mother, Kris Jenner, were happy to let E! film the occasion, they insisted that no other video be taken. Hurley did record the moment and posted the vid on his new media platform MixBit.

West and Kardashian ultimately sued Hurley accusing him of violating the confidentiality agreement he signed agreeing not to release any information about the event.

Hurley is now asking a judge to throw out the lawsuit on the grounds that releasing video of the Kanye-Kim proposal falls under his First Amendment right of free speech as a matter of public interest. He also claims that the couple has benefited from the publicity the video garnered, and they have not attempted to sue other media outlets or individuals who have also shared the video publicly.

Plaintiffs jumped through hoops to be the named plaintiffs in this suit, acquiring purported rights under the Release from E! Entertainment Television LLC, inexplicably leaked the complaint to news outlets before Defendants were even served, and failed to go after other parties, including TMZ, that continue to display postings of the purportedly offending video even to this day…

Plaintiffs have still not sued TMZ or requested that TMZ remove the copy of the proposal that remains on its website.

Hurley’s attorneys also argue since TMZ removed MixBit’s branding from the video, added its own branding, and exported the video to its own player (not an embed), the company has no control over removing the video and eliminated MixBit’s ability to benefit from it.